Rights of children after divorce

Knowledge Gainer (Querist) 10 May 2013 This query is : Resolved
Husband and wife have taken divorce in 1991. In court decree custody of children was given to wife. Wife has not claimed any maintenance. Decree is silent about maintenance of children.

Husband was since then living with his mother in a house owned jointly by them i.e. husband and mother.

Now husband was died in 2012. Children come to know about this and they came to demand there father's share in the property.

Query is can children demand the share in father's property?

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Adv Archana Deshmukh (Expert) 10 May 2013
Yes, the children can demand the share of their father. The share of the said man will be equally divided amongst his children and his mother.

Rajeev Kumar (Expert) 11 May 2013
Yes the children have the right to demand his father share being the legal heirs of his father the property will be divided among the children and mother equally.

Raj Kumar Makkad (Expert) 12 May 2013
There was no divorce between the children and father as it can never be so after demise of their father, the children can very well claim for their inheritance as per Succession Law.

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